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- What is the Comprehensive Shoreland Protection Act (CSPA)?
The CSPA (RSA 483-B) was originally enacted into law in the 1991 session of the Legislature. The act established minimum standards for the subdivision, use and development of the shorelands along the state’s larger waterbodies. In April and July of 2008, the act was amended and several changes took effect including limitations on impervious surfaces, new vegetation maintenance requirements and the establishment of a permit requirement for many, but not all, construction, excavation and filling activities within the protected shoreland.
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- Where is the protected shoreland located?
The protected shoreland extends 250 feet landward from the reference line of protected waterbodies.
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- Which bodies of water are protected under the CSPA?
All lakes, ponds and impoundments greater than 10 acres, all 4th order and greater streams and rivers, all designated river segments under RSA 483 (The Rivers Management & Protection Act) and all waters subject to the ebb and flow of the tide (including tidal marshes, rivers and estuaries).
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- Where is the reference line located?
The reference line is the point from which setbacks are determined and its location varies depending on the type of waterbody present.
- Lakes, Ponds and Impoundments greater than 10 acres – The reference line is the surface elevation listed in the Consolidated List of Water Bodies subject to the Comprehensive Shoreland Protection Act as maintained by the department.
- Fourth Order and Greater Streams and Rivers - The reference line for streams and rivers under the jurisdiction of the CSPA is the ordinary high water mark. The ordinary high water mark is defined as the line on the shore, running parallel to the main stem of the river, established by the fluctuations of water. It is indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Where the ordinary high water mark is not easily discernible, the ordinary high water mark may be determined by DES.
- Coastal Waters - The reference line for coastal waters is the highest observable tide line, which means a line defining the furthest landward limit of tidal flow. This does not include storm events, and can be recognized by indicators such as the presence of a stand of flotsam and debris, the landward margin of salt tolerant vegetation, or a physical barrier that blocks further flow of the tide..
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- What activities require a shoreland permit?
New construction or construction that modifies the footprint of existing impervious surfaces on a lot within the protected shoreland, using mechanized equipment to either excavate, remove or form a cavity within the ground within the protected shoreland and filling any area within the protected shoreland with rocks, soil, gravel or sand requires a shoreland permit.
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- What are impervious surfaces?
Impervious surfaces are modified surfaces that cannot effectively absorb and infiltrate water. Examples of impervious surfaces include, but are not limited to, roofs, decks, patios, and paved, gravel, or crushed stone driveways, parking areas, and walkways unless designed to effectively absorb and infiltrate water. Exposed ledge on a property is not considered a modified surface and is not considered when calculating the total impervious area of a lot within the protected shoreland.
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- What activities DO NOT require a shoreland permit?
Many activities within the protected shoreland have been identified as not requiring a shoreland permit because the activity does not constitute construction, excavation or filling. These activities include, but are not limited to:
- Trimming, pruning, and thinning of branches to the extent necessary to protect structures, maintain clearances, and provide views.
- Maintenance of legal, existing, altered areas, such as mowing lawns, raking leaves and pine needles, mulching landscaped areas and haying fields.
- Planting one or more trees within existing altered areas more than 50 feet from the reference line with mechanized equipment.
- Planting of non-invasive vegetation and maintenance of existing gardens.
- Hand-pulling or use of hand tools to remove invasive species or other noxious or harmful plants such as poison ivy, including the root systems, provided that any area exceeding 10 square feet without vegetation be replanted with non-invasive, non-harmful species.
- Placement of stepping stones, provided no root systems are removed to accommodate their placement.
- Placement or installation of readily moved items such as picnic tables, lawn chairs, and swing sets.
- Construction or installation of fences using hand tools.
- Maintenance, repair or modification of an existing driveway, including repaving, provided that there is no increase in impervious area.
- Maintenance, repair or modification of an existing primary or accessory structure that does not:
1. Alter the footprint or impervious area of the structure.
2. Require, or result in, the alteration of previously unaltered areas.
3. Increase the number of residential dwellings on the property
4. Require, or result in, any excavation or filling within the protected shoreland
5.Exceed the criteria of the Shoreland Rule (Env-Wq 1405) associated with accessory structures.
- Modifications to an existing structure that minimally changes the outside dimensions of the structure, provided the work does not require excavation or filling such as installing a skylight or dormer or putting new siding over old siding.
- Installing private water facilities such as a well including associated connection lines.
- Forest management that is not associated with shoreland development or land conversion that is conducted in compliance with RSA 227-J:9.
- Forestry conducted by or under the direction of a water supplier for the purpose of managing a water supply watershed.
- Agricultural activities and operations defined in RSA 21:34-a and as governed by RSA 430.
- Digging test pits for the purposes of determining suitability for wastewater disposal under RSA 485-A:29 relating to subdivisions or septic systems, provided there is no disruption of groundcover within 50 feet of the shoreline and no test pits within 75 feet of the shoreline.
- Replacing utility poles or guy wires using mechanized equipment, provided that appropriate siltation and erosion controls are used and all temporary impacts are restored.
- Digging test pits for the purposes of determining suitability for wastewater disposal under RSA 485-A:29 relating to subdivisions or septic systems, provided:
1. There is no disruption of groundcover within 50 feet of the reference line.
2. No test pits are dug within 75 feet of the reference line unless required in order to evaluate eligibility for replacement under Env-Wq 1003.10.
- Use of hand tools, such as augers or tile spades, to install monitoring wells, piesometers and flow meters , for:
1. Evaluating site conditions as necessary for the submittal of information required by a permit application under RSA 482-A relating to wetlands, RSA 485-A:29 relating to subdivision of septic systems, or RSA 485-A:17 relating to alteration of terrain.
2. Educational purposes.
3. Monitoring hydrology.
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- Can I use fertilizer or pesticides within the protected shoreland?
No fertilizer, except limestone, can be used within 25 feet of the reference line. From 25 feet to 250 feet, low phosphate, slow release nitrogen fertilizer may be used on vegetated areas.
Always check with local town ordinances as several towns have restrictions that are more stringent than the CSPA.
Pesticide use is prohibited within 25 feet of the reference line per Administrative Rules Pes 1001.01 (NH Dept. of Agriculture)
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- What is low phosphate, slow release nitrogen fertilizer?
Low phosphate, slow release nitrogen fertilizer means fertilizer that is guaranteed, as indicated on the package label, to contain not more than 2 percent phosphorous and a nitrogen component that is at least 50 percent slow release nitrogen.
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- Can I cut trees within the protected shoreland?
Yes, trees and saplings can be removed from the protected shoreland. Trees and saplings removed within 50 feet from the reference line may be removed in accordance with a grid and point system, and trees removed within 50 to 150 feet of the reference line must comply with the unaltered state requirement. There are no limitations on tree removal beyond 150 feet from the reference line.
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- What trees can, or cannot be removed?
Within the waterfront buffer, the stumps must remain intact within the ground. Stumps may however, be ground flush to the ground and covered with topsoil.
Within the natural woodland buffer, if trees are removed their stumps may be removed as well. However, if mechanized equipment is necessary for stump removal, this activity is considered excavation and requires a shoreland permit.
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- Can the stumps be removed?
Within the waterfront buffer, the stumps must remain intact within the ground. Stumps may however, be ground flush to the ground and covered with topsoil.
Within the natural woodland buffer, if trees are removed their stumps may be removed as well. However, if mechanized equipment is necessary for stump removal, this activity is considered excavation and requires a shoreland permit.
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- What is a non-conforming structure?
Within the context of the CSPA, “non-conforming structure” means a structure that, either individually or when viewed in combination with other structures on the property, does not conform to the provisions of the CSPA, including but not limited to the impervious surface limitations. Typically, non-conforming structures are those dwellings with any portion located within 50 feet of the reference line, structures on a lot within the protected shoreland that have a combined total impervious surface coverage greater than 30 percent, have more than one residential living unit per 150 feet of shoreline frontage on a lot dependent upon an on-site septic systems, or a lot within the protected shoreland with an on-site septic system that does not conform to the septic system setbacks according to RSA 483-B:9 V (c).
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- What are the septic system setbacks?
Septic systems are subject to special setbacks according to soil type. The setbacks for septic systems are:
- Adjacent to ponds, lakes, estuaries and the open ocean.
1. Where the receiving soil down gradient of the leaching portions of a septic system is a porous sand and gravel material with a percolation rate equal to or faster than two minutes per inch, the setback shall be at least 125 feet from the reference line.
2. For soils with restrictive layers within 18 inches of the natural soil surface, the setback shall be at least 100 feet from the reference line.
3. For all other soil conditions the setback is 75 feet from the reference line.
- Adjacent to rivers and streams – The setback for a septic system must be at least 75 feet.
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- How is shoreland frontage determined?
Shoreland frontage is calculated by determining the average of the actual natural shoreline footage and the straight line drawn between the property lines. For lots that do not have direct frontage, the shoreland is measured parallel to the shoreland frontage that lies between the lot and the reference line.
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- Can I repair or expand my house if it is a non-conforming structure?
Yes, non-conforming structures may be repaired or expanded. In many cases, non-conforming structures can be repaired without a shoreland permit. Maintenance or repair of existing, legal, nonconforming primary structures do not require a shoreland permit provided the existing footprint or impervious area is not altered, existing unaltered area is not altered, the number of residential dwellings on the property is not increased and no excavation of filling is required.
Projects that involve changing the footprint of existing non-conforming structures require a shoreland permit as well as a redevelopment waiver.
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- What is considered the footprint of an existing non-conforming structure?
The footprint of a non-conforming structure is the area of land surface that lies directly beneath the limits of the exterior walls, whether the structure rests directly on the ground or is raised above the ground surface.
When determining the footprint of a structure for the purpose of calculating impervious area, the footprint is the area outlined by the vertical projection of the impervious surface onto the ground surface where it is or will be located. For instance, the structure’s roof overhang is considered when determining the impervious area of a structure.
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- When is a redevelopment waiver required?
A redevelopment waiver is necessary when an applicant wishes to expand the footprint of an existing legal, primary non-conforming structure or desires to change the footprint of a structure on a lot that is composed of greater than 30 percent impervious surface coverage within the protected shoreland. Impervious surface coverage is the sum total of the footprint of each impervious surface area that is located within the protected shoreland.
A redevelopment waiver allows an applicant to take an existing situation and improve it without requiring absolute compliance. In order to be eligible for a waiver, an applicant must demonstrate the proposed project is “more nearly conforming” than existing conditions and that there will be at least the same degree of protection provided to the public waters.
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- What is a “more nearly conforming” proposal?
A “more nearly conforming” proposal is one that improves the existing conditions of the lot within the protected shoreland and includes, but is not limited to:
- Moving structures back from the reference line to attain greater conformity with the 50 foot primary structure setback or the 20 foot accessory structure setback
- Removal of existing impervious surfaces that result in an overall net decrease in impervious surface coverage on the lot within the protected shoreland.
- Planting native trees, shrubs, and groundcover, that enhances the waterfront and natural woodland buffers in a way that better handles the impact of stormwater and benefits the surrounding wildlife.
- Implementing sound stormwater management techniques such as installing dry wells, infiltration trenches under drip edges, drainage swales, rain gardens and water bars.
- Converting existing impervious surfaces to pervious surfaces such as pervious asphalt, pervious pavers or porous concrete.
- Improvement to traffic flow or volume, improvements to an existing erosion problem, regarding to decrease the slope of an area that is prone to concentrating stormwater runoff and other proposals that significantly improve wildlife habitat or resource protection.
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- What are examples of projects that do not require a redevelopment waiver?
- A project that does not change the footprint of the existing structure, but expands the structure upward (vertically) such as the expansion or changes to the outside dimensions of a primary structure including replacement of a low pitched roof with a gambrel roof and the addition of dormer windows or gambrel dormers to a roof.
- The complete replication of all aspects of a primary structure.
- A project in which there are no changes to the exterior footprint and outside dimensions, but there are changes in the construction materials and/ or interior layout.
- The replacement of a piling or pad foundation with a standard poured concrete foundation if the new foundation is in the original footprint, located underground, does not create additional living space, and does not disturb or change the existing contours (topography).
- The addition of a three season porch (may not be insulated, heated, contain sliding windows, sash windows, permanent windows or any windows that can open and close) or deck if the deck does not extend more than 12’ closer to the reference line, is not over the bank of the water body or over the water.
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- When is a variance required?
A variance may be necessary when the literal enforcement of Minimum Shoreland Protection Standard under RSA 483-B:9, V, would result in an unnecessary hardship to the applicant. Standards that may be varied include Maintenance of the Waterfront Buffer, Maintenance of the Natural Woodland Buffer, Septic System Setbacks, Erosion and Siltation, Minimum Lots and Residential Development, Impervious Surfaces and Common Owners and Residential or Non-Residential Development.
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